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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
Mr. Justice Kuldeep Mathur, J
JAGDISH CHANDRA – Appellant
Versus
STATE OF RAJASTHAN – Respondent
Order :
1. This fourth application for bail under Section 439 Cr.P.C . has been filed by the petitioner who has been arrested in connection with FIR No.114/2020 registered at Police Station Balesar, District Jodhpur Rural, for offences under Sections 8/15 and 25 of the NDPS Act.
2. Learned counsel submitted that as per the prosecution, on 01.06.2020 during nakabandi, a team of Police Station Balesar flagged down a truck having registration No.RJ-19-GG-0277. On search being made, the police team recovered contraband (poppy husk/straw) weighing 844.300 Kgs from 41 sacks. The petitioner was arrested during the course of investigation.
3. Learned counsel for the petitioner submitted that the petitioner has been falsely implicated in this case. Learned counsel submitted that the contraband in the present case was not recovered from the conscious possession of the present petitioner. Learned counsel further submitted that though a perusal of the impugned order dated 30.07.2024, it appears that apart from the present case, there are two other cases of similar nature pending against the petitioner, however, he has been acquitted in the case No.NCB/viii(10)3/NCB/ASZ/2080 by the competent crim
Extended judicial custody without trial and lack of evidence of possession justify bail under Section 439 Cr.P.C.
Prolonged incarceration and slow trial progress can justify bail under Section 439 Cr.P.C., provided it does not prejudice the trial.
Prolonged incarceration without timely trial is a substantial factor for granting bail, regardless of the nature of charges.
The central legal point established in the judgment is the significance of examining each case on its own merits, especially in bail cases, and considering the nature of the offence, the quantity of ....
Prolonged incarceration and insufficient trial progress can justify the grant of bail under Section 439 of the Cr.P.C.
Prolonged incarceration without trial may justify the granting of bail under Section 439, emphasizing the right to a speedy trial.
The court granted bail to the petitioner, finding insufficient grounds for continued detention based on the nature of the charges and comparison with a co-accused already granted bail.
The court established that procedural compliance under the NDPS Act is crucial, and failure to adhere to such provisions can lead to the grant of bail even in serious cases.
The absence of direct evidence against the accused and satisfaction of bail conditions under the NDPS Act justified the grant of bail.
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